ANUMALADASU VENKAT RAO Vs. STATE

JUDGEMENT

(1.) This revision case is preferred by accused No.1 in C.C. No.85 of 1995 on the file of the II Additional Magistrate of First Class, Eluru.

(2.) The petitioner and 11 others were charged for the offence under Section 498-A IPC. They pleaded not guilty of the offence and claimed for trial. The prosecution in order to prove the guilt of the petitioner and others relied on the evidence of P.Ws.1 to 4 and Ex.P.1-complaint given by P.W.1. No oral or documentary evidence was adduced on defence side. The learned Magistrate after considering the evidence adduced by the prosecution found A.1, the petitioner herein, guilty for the offence under Section 498-A IPC and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.500/-, in default to suffer simple imprisonment for a period of six months. The Trial Court acquitted A.2 to A.12 from the charge under Section 498-A IPC.

(3.) The petitioner being aggrieved by the judgment of the learned Magistrate preferred Criminal Appeal No.36 of 1998 on the file of the Sessions Judge, Eluru and the learned Sessions Judge dismissed the appeal on 15-1-2002 confirming the conviction, but modified the sentence imposed by the Trial Court to rigorous imprisonment for one year, but did not disturb the fine amount imposed by the Trial Court. The petitioner being aggrieved by the judgment of the Courts below preferred this revision case challenging their validity and legality.